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SMS 12/16/15 <br />ORDINANCE NO, NS <br />AN ORDINANCE OF THE CITY' COUNCIL OF THE <br />CITY OF SANTA ANA TO REAFFIRM A BAN ON <br />THE CULTIVATION AND DELIVERY OF <br />MARIJUANA <br />WHEREAS, in 1996, the California electorate approved Propositlon 215, the <br />Compassionate Use Act of 1996 ( "CUA "), which allows a patient, with a doctor's <br />recommendation, to use marijuana for medical purposes without the fear of prosecution <br />or arrest; and <br />WHEREAS, in 2003, the California legislature passed Senate Bill 420 (Medical <br />Marijuana Program Act [ "MMP "]) which amended the Health and Safety Code to permit <br />the establishment of medical marijuana dispensaries for the distribution of marijuana for <br />medical purposes; and <br />WHEREAS, in 2013, the California Supreme Court held that cities could regulate <br />or ban medical marijuana dispensaries; and <br />WHEREAS, on November 4, 2014, the voters of the City of Santa Ana approved <br />Measure BB (Ordinance No. NS -2864) to regulate -the establishment, operation, and <br />taxation of Medical Marijuana Collectives and Cooperatives. This Ordinance amended <br />Chapter 18 of.the Santa Ana Municipal Code.and included sections that addressed <br />operational standards, business taxation requirements, and enforcement regarding <br />medical marijuana collectives; and <br />WHEREAS, on October 9, 2015, Governor Jerry Brown signed three bills (AB <br />243, AB 266, and SB 643) that regulate marijuana from "seed to sale" in the state of <br />California. Specifically, AB 266 provides local control to ban cultivation and delivery <br />services of marijuana. For municipalities that elect to ban cultivation and delivery <br />services, A13266 requires that local government enact specific ordinances to ban the <br />cultivation and delivery services of marijuana within their borders; and <br />WHEREAS, Ordinance NS -2864 addressed on -site cultivation and impliedly <br />addressed delivery services of marijuana within the City; and <br />WHEREAS, the City of Santa Ana has a compelling Interest in ensuring that <br />marijuana is not distributed In an illicit manner, in protecting the public health, safety <br />and welfare of its residents and businesses, and in preserving the lawful use of land <br />within Its borders; <br />Ordinance No. NS -XXX <br />Page 1 of 3 <br />11 A -3 <br />